MINUTES of MEETING
Durham Township Planning Commission
Tuesday March 07, 2006
Township Building Meeting Room
Attendees: James Pavlica, Don Ratushny, Cindy Skoriak,
*Peter Thomson, Gerald Ulmer
Absent: Ken Klein, George Helwig
Quorum: Yes
Secretary: Joseph M. Kulick
Also present were Zoning Officer Peter Bent and Township Engineer Scott Mease.
*Newly Appointed Member Peter Thomson (Replacing Jim Herrmann) attending first meeting.
Meeting called to order by Chairman James Pavlica at 7:30 p.m. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from 02-07-06 Meeting:
Due to the absence of two (2) Members, a Quorum of attendees from last months meeting was not present, thus the Minutes could not be approved. A motion to table the minutes to next months meeting was made by Cindy Skoriak, seconded by Don Ratushny, All agreed.
New Business:
Election of New Vice Chairman:
Due to the vacancy created by the resignation of Vice Chairman Jim Herrmann from the Planning Commission, a new Vice Chairman had to be appointed. Chairman Jim Pavlica called for nominations. Gerald Ulmer nominated Don Ratushny, Cindy Skoriak seconded the nomination. Since there were no further nominations the Chairman called for a vote, and all Members were in favor. Don Ratushny appointed as Vice Chairman, Planning Commission.
Chairman Jim Pavlica recognized newly appointed Member Pete Thomson and welcomed him to his first meeting.
Pavlica Sketch Plan Review: (Present were Neil Shaw & Wayne Rosen of Danny Jake Corporation (Rosen) and John Kennedy, principal with John H. Kennedy & Associates, LLC Planners & Land Use Consultants)
Chairman Jim Pavlica turned the meeting over to the Vice Chairman, Don Ratushny and removed himself from the table, this due to the fact he has a personal interest in the review of his property.
John Kennedy presented the Planning Commission with a detailed overview of a proposed major development on Mine Hill Road, to subdivide @ 88.5 acres of the Pavlica farm into twenty-four (24) lots. Jim Pavlica would retain lot # 1&2 (17 acres) leaving twenty-two (22) three (3) acre lots each containing a 4000 square home in the $700,000 range. The proposed development would contain three (3) cul-de-sac roadways. Since they exceed the approved maximum zoning length of 500 feet, a waiver would be requested. One roadway would be a “stub” road into the Hager property for any possible future development.
Vice Chairman Don Ratushny asked for clarification on the stub road leading to the Hager property. Mr. Kennedy noted that the road would be constructed with a temporary cul-de-sac turnaround similar to the other two roads. A loop road would not be feasible due to the narrow shape of the property and the minimum three (3) acre lot requirement.
Member Gerald Ulmer asked what provisions have been given to (storm water) runoff. Mr. Kennedy referenced the three (3) storm water basins now on the sketch plan. He also noted additional considerations could be employed if needed and the basin area is not included in the 3 acre lot calculations.
Member Pete Thomson questioned the incorporation of the stub road leading to the Hager property. Mr. Kennedy replied it is just good planning and at present there are no future plans to connect the properties.
The Vice Chairman questioned the number of cul-de-sacs and if any other plans had been considered. Mr. Kennedy stated that several other plans were reviewed but did not work out due to the shape of the property and the land that the Pavlica family is retaining. He also noted the grade of the site limits the possibilities.
The Vice Chairman also noted his concern due to access of large emergency vehicles. Township Engineer Scott Mease questioned the proposed actual length of the roadways. Mr. Kennedy noted that Road “A” is 820’ and Road “C” is 738’ long (Road “B” is 2044’). Scott Mease suggested that the driveways not exit on Mine Hill Road.
Member Cindy Skoriak asked if the proposed flag lot could have direct access to Mine Hill Road and thus eliminate the flag configuration. Mr. Pavlica responded that parcel #5 was designed as a flag lot in order to eliminate the need to create a driveway passing too close to the existing house on Mine Hill Road and is the only flag lot in the plan.
Township Zoning Officer Peter Bent, nor the attending Township Supervisors (Millett & Marschewski); did not have any questions at this time.
Laura Baatz, Resource Protection Specialist, representing the Heritage Conservancy, an adjoining land owner, questioned the planned developments effect on water quality in the area and the nearby bat cave containing eight to ten thousand bats. She requested further study by the developer on future plans addressing her concerns.
The Vice Chairman opened the floor for questions:
Resident Peter Cox questioned the plans effect on the natural spring located in the immediate area. Jim Pavlica described the location of the spring and its relation to surrounding properties. Mr. Cox requested the developer to address it in future plans.
Resident Dianne Cox requested the need to conduct a geological survey of the area for any existing mines that may be located beneath the development area. The Vice Chairman explained the process that a developer follows when submitting a development plan. He also noted this was only a “sketch plan” and a more detailed plan would be submitted as the next step if the developer plans to proceed with the project.
Resident Joel Klaperman of Mine Hill Road expressed his concern over increased traffic in the area. In particular the ninety degree bend located at his property and the narrow bridge area at Mine Hill & Lehnenberg Roads. Scott Mease replied once the preliminary plan is submitted traffic flow would be addressed.
Resident Carl Martin requested additional information on the cost and size of the proposed homes. Wayne Rosen noted the target price of the homes would be $700K+ and approximately 4000 square feet plus.
Resident Liz Cruickshank asked if any Perc testing has been performed. No.
Resident Charles Klein asked if the line between lots 2 & 3 is creating a nonconforming lot to the existing buildings on lot #2, especially due to animal sheltering requirement of 100’. Mr. Kennedy noted that the lines may have to be adjusted after a formal survey is conducted; also the use for lot #2 may have to be adjusted.
Resident Mike Negri of Mine Hill Road asked if the road will have to be widened. Mr. Kennedy replied it is up to what the Township Engineer recommends after his review of any future plans.
Resident Bill DeRenzis questioned the possible timeframe of the development to be built and the path and timing of the construction vehicles to the project. Mr. Kennedy projected a timeframe of less than two (2) years and the details of construction equipment have not been considered. Scott Mease noted that a “Developers Agreement” would be drawn up at a later date and this agreement would cover such details.
Dave Krammer, a member of the local fire company, was concerned over the width of the roads due to the excessive size of the fire fighting equipment. He also noted the lack of fire hydrants in the area.
Resident Kris Porter asked from where the electric would be supplied. Mr. Kennedy did not know at this time.
A question on the impact to the school system was posed. Mr. Kennedy felt that it would be minimal with only 22 lots but noted that a formal study was not conducted.
Resident Steve Salva asked what restrictions the township can put on the developer, such as required open space or recreation areas, if not this development then future projects. The Vice Chairman noted that we would take the comments under advisement.
Resident Charles Klein asked if Mine Hill Road is a state road. No. He then suggested aligning the proposed roads where they meet at Mine Hill Road. Mr. Kennedy responded in order to keep the required lot size it may not be possible. More details will be available after a formal survey is conducted. Scott Mease agreed with the aligning of the two roads.
Mr. Kennedy then questioned the Commission if they would be willing to recommend a waiver to the Board of Supervisors for the length of the proposed cul-de-sacs. The Vice Chairman noted past Commission practice required the developer to demonstrate why they could not incorporate a loop road in lieu of a long cul-de-sac roadway. Scott Mease felt that the existence of natural resources and other factors would determine the approval. Wayne Rosen stated if they can shorten road “A” & “C” would the township be supportive of the longer road “B”.
Resident David Juall asked if the developer was aware of the existence of our Township EAC Report and if they intended to use it in designing the project. Mr. Kennedy stated he was not aware of the document but would certainly review it.
Resident Renee Klaperman asked if title (of the Pavlica property) has actually passed. Mr. Kennedy replied that it had not and they were only under a written agreement. Mrs. Klaperman then asked if Jim Pavlica was the head of the Planning Commission and if he was going to excuse himself from any hearings with respect to his property. The Vice Chairman responded yes to all of the above.
Member Cindy Skoriak suggested the need for additional storm water management on the far northern side of the property. Mr. Kennedy noted the suggestion and felt if they can keep road “C” along the ridgeline it should alleviate some of the necessity for additional storm water control.
Since there were no further comments/questions, the review was concluded.
Old Business: (Jim Pavlica returned as Chairman of proceedings)
Comprehensive Plan Update:
Mr. George Spotts of Castle Valley Consultants provided Draft #2 of the Comprehensive Plan to the Planning Commission. He also advised the Commission on the up-coming time table for submittal of the Plan. A public hearing must be scheduled since the deadline for completion is June 30, 2006. After the public hearing the Board of Supervisors must also conduct a hearing. Copies must be sent to surrounding communities and the local school district no later than the middle of April. Planning Commission should have public meeting in April and the Board of Supervisors in May.
It was decided by the Commission to address the Plan as an Agenda item at the next regular Planning Commission Meeting on April 4, 2006 at 7 PM in lieu of 7:30 PM and to continue the discussion on Wednesday, April 5, 2006 at 7 PM at a Special Plan Meeting and then if the need exists, schedule another Special Plan Meeting on Tuesday, April 18, 2006 at 7 PM and may be continued on additional days as required. Township Supervisors may attend selected meetings as they are available. Joe Kulick will advertise above dates/times as required by law.
The Commission requested George Spotts to post a link on his company website (www.casval.com) for any interested party to download a copy of the Draft Durham Township Comprehensive Plan.
Jim Pavlica questioned George Spotts on certain Tax Map Parcels as included in the Draft Plan as conserved properties. Don Ratushny commented on the possible need to address future sewage treatment facilities in the Plan. He recommended the Commission take the initiative and formulate a draft sewage treatment facility study to include surrounding communities. George Spotts noted that other alternatives like spray irrigation exist. Resident Charles Klein suggested a Joint Sewer Authority be created between Durham, Riegelsville and Springfield Township to protect the area water supply. Resident Carl Martin questioned George Spotts regarding the possibility of exchanging TDR’s for sewage treatment.
Don Ratushny reminded the Commission to review the EAC Plan recommendations as provided at the last regular meeting. Cindy Skoriak felt the EAC recommendations should be included in the Plan. George Spotts agreed but felt the Township Solicitor should review three (3) items, Planning Goal; Park & Recreation Goal; and Land Use. The Vice Chairman made a motion to accept the EAC recommendations to the Comprehensive Plan as presented, with the exception of the above three (3) items, which Joe Kulick will forward to Peter Harrison for legal review. Cindy Skoriak seconded the motion and all Members agreed.
Jim Pavlica questioned Scott Mease regarding extending well head protection areas from surrounding communities into Durham Township. Scott Mease noted the township must review and approve the protection area. There were no further comments or questions regarding the Comprehensive Plan.
Viegas/Dungan Lot Line Review: (Present was Steve Jensen of Dan Hendricks, P.L.S. Office)
Jim Pavlica reviewed Scott Mease’s letter of 02-03-06 point by point:
Item C1…Don Ratushny questioned the need to review the Limantour driveway easement and upgrading it to present requirement of fifty (50’) feet. Scott Mease did not feel the need to upgrade since we were not creating a separate lot. Supervisor Bartley E. Millett, present in the audience, suggested a possible deed restriction prohibiting the use of the easement by no one other than Limantour and access to Viegas lot via County Line Road only.
Item D 1…The question of the on-lot sewage system was reviewed. A permit to install a new system on Mary Dungan’s lot was received. Scott Mease felt that all was in order but since the new system has not been installed, we proceed with caution. The property is not a “rural residence exception”.
Item D 2…Requesting a waiver to natural features map.
Item D 3…Right of way easement descriptions received.
Item D 4…Requesting a waiver for curbs, sidewalks, street improvements, Etc.
Item D 5…Requesting a waiver for concrete monuments (4) in area directly around the existing Dungan structure. Steel pins would be inserted in lieu of concrete monuments. Don Ratushny noted the need to install two (2) off-street parking spaces for Dungan residence as noted on Bucks County PC review. Cars are presently parking on roadway causing a traffic hazard. Steve Jensen will address the suggestion with Mary Dungan. Waiver could be granted in consideration of installing off street parking.
Item E 1…Applicant will comply with requirements
Item E 2…Utility pole has been identified on revised plan.
The Bucks County Planning Commission Evaluation was reviewed briefly. All items have been addressed per Scott Mease. Additional two (2) off street parking spots need to be installed (see item D5 above).
A motion to recommend approval of the Viegas/Dungan Lot Line Change, with the waivers and conditions as listed above, was made by Don Ratushny, seconded by Pete Thomson, all were in favor.
Scott Mease requested an extension for the Howard Knuth Planning Module from Steve Jensen. He agreed.
The Chairman recommended the tabling of the next agenda item, “Open Burning”, due to the extended length of the meeting. All were in favor.
Comments / Questions from the Floor: None
A motion to Adjourn was made by Don Ratushny and seconded by Gerald Ulmer, all were in favor. Meeting adjourned at @11:01PM.
Meeting Minutes Submitted By: Joseph M. Kulick, Recording Secretary
(Next Planning Commission Meeting to be held on Tuesday, April 04, 2006 at 7:30 PM…)